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2026 Supreme(Online)(Ker) 52174

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Kauser Edappagath, J
IVIN ANTONY – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 4334 OF 2026 | CRIME NO.788/2026



Advocates:
For the Appellants/Petitioners: Sarath Babu Kottakkal, Sebastin, Mekha Suresh
For the Respondents: Thomas Sabu Vadakekut

The court granted regular bail to the accused on the grounds that the investigation was nearly complete and continued detention was no longer necessary.

Headnote:(A) Bail - Regular Bail - Investigation Status - Where the investigation is almost complete and the accused has been in judicial custody, continued detention is not required for any purpose, entitling the accused to be released on bail. (Para 6)

Issues: Whether the applicant is entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Table of Content
1. application for regular bail regarding alleged assault and theft of a gold chain. (Para 1 , 2 , 3 , 4)
2. contention of innocence versus prosecution's claim of intentional criminal acts. (Para 5)
3. grant of bail based on the completion of investigation and lack of need for further detention. (Para 6)

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10.08.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

O R D E R

This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS), seeking regular bail.

2. The applicant is the accused No.1 in Crime No.788/2026 of Irinjalakuda Police Station, Thrissur District. The offence alleged is punishable under Section 309(6) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that, on 25.07.2026 at around 13.30 hours, the applicant and the accused No.2 went to the tea shop run by the defacto complainant and asked for cigarette. When he said no, both the accused persons beat him up and his friend who came to interfere. It is alleged that during the course of the assault, a gold chain worth 1.25 sovereigns (Rs.1,75,000/-) was stolen by the accused persons. The accused persons thereby committed the aforesaid offence.

4. I have heard Sri.Sarath Babu Kottakkal, the learned counsel for the applicant and Sri.Thomas Sabu Vadakekut, the learned Public Prosecutor. Perused the case diary.

5. The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to bail. On the other hand, the learned Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and he is not entitled to bail at this stage.

6. The applicant was remanded to judicial custody on 25.07.2026. The investigation is almost over. For these reasons, I do not find any reason to hold that the continued detention of the applicant is required for any purpose. Hence, the applicant is entitled to be released on bail.

In the result, the application is allowed on the following conditions: -

(i) The applicant shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.

(ii) The applicant shall fully co-operate with the investigation.

(iii) The applicant shall appear before the investigating ofÏcer between 10.00 a.m and 11.00 a.m. every Saturday until further orders. He shall also appear before the investigating ofÏcer as and when required.

(iv) The applicant shall not commit any offence of a like nature while on bail.

(v) The applicant shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vi) The applicant shall not leave the State of Kerala without the permission of the trial Court.

(vii) The application, if any, for deletion/modification of the bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.

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